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(영문) 대구지방법원상주지원 2020.12.16 2020고단296
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 11, 2011, the Defendant was sentenced to a suspended sentence of two years for eight months as a crime of violation of the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

1. On April 29, 2020, the Defendant was driving the E-wing and Ⅲ truck under the influence of alcohol leveling 0.067% of blood alcohol level from the 13 km section from the “C cafeteria” road located in B at the time of stay at around 19:45 of April 29, 202 to D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On April 29, 2020, the Defendant driven the above cargo vehicle on April 19, 2020, and had a one-lane road in front of D at the time of resident stay, with a one-lane road located on the front of D in a writing door room.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by properly operating steering steering steering gear and brakes, securing safety distance with the front line of the motor vehicle, and safely operating it on the front line of the motor vehicle located on the front line of the motor vehicle of the sea bed.

Nevertheless, the Defendant did not neglect this and found the victim's above light flag that was driven in a limited manner due to negligence while driving it, and did not avoid it, and received the victim's back loading part of the victim's passenger vehicle as part of the Defendant's front coverer.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of a saving hole that requires medical treatment for about 12 weeks.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. Reports on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

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